SpendQueryBeta

FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.6

FAR 36.608 Liability for Government costs resulting from design errors or deficiencies.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section makes architect-engineer contractors responsible for the professional quality and accuracy of their design services. If a design error or deficiency causes a construction contract modification, the contracting officer must consider whether the firm is liable for the resulting Government costs and may demand payment. The decision to recover or not recover costs must be documented in the contract file.

Applies to: Architect-engineer contractors

What it requires

  • Be responsible for the professional quality, technical accuracy, and coordination of all services under the contract
  • May be liable for Government costs from design errors or deficiencies
  • Contracting officer must consider the extent of liability when a modification is needed due to an error or deficiency
  • Contracting officer must enforce liability and issue a demand for payment if recoverable cost exceeds administrative cost or is in the Government's interest

Key terms: architect-engineer contractors · professional quality · technical accuracy · coordination · design errors or deficiencies

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Architect-engineer contractors shall be responsible for the professional quality, technical accuracy, and coordination of all services required under their contracts. A firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under its contract. Therefore, when a modification to a construction contract is required because of an error or deficiency in the services provided under an architect-engineer contract, the contracting officer (with the advice of technical personnel and legal counsel) shall consider the extent to which the architect-engineer contractor may be reasonably liable. The contracting officer shall enforce the liability and issue a demand for payment of the amount due, if the recoverable cost will exceed the administrative cost involved or is otherwise in the Government's interest. The contracting officer shall include in the contract file a written statement of the reasons for the decision to recover or not to recover the costs from the firm.

← 36.607 Release of information on firm selection. · 36.609 Contract clauses. →

Rule changes for FAR Part 36

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 36.608 Liability for Government costs resulting from design errors or deficiencies · SpendQuery